Land Acquisition and the Right to Fair Compensation under the 2013 Act

This case involves the Delhi Development Authority (DDA) (the appellant) in a dispute over land acquisition proceedings with the respondents, Ajay Singh & Ors. The issue pertains to the appellant’s attempt to continue with the acquisition process and the procedural requirements set out under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (the 2013 Act). The respondents challenged the fairness of the acquisition process, specifically focusing on the compensation and the lawfulness of the proceedings.

In the case, the appellant, DDA, sought to proceed with the acquisition despite challenges raised by the respondents regarding compensation. The central issue was whether the land acquisition process had followed the due procedures and whether the compensation offered was fair under the 2013 Act. The respondents contested the legal grounds for the acquisition, arguing that it had not been executed in accordance with the law.

The Supreme Court, upon hearing the matter, found that the issues raised in this appeal had already been addressed in previous judgments, notably in Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015. The Court found that the principles established in those earlier decisions were applicable in this case, and as such, the appeal was dismissed.

Justice Kurian Joseph, delivering the judgment, stated that the appellant was granted a period of one year to exercise its rights under Section 24(2) of the 2013 Act. This provision allows the appellant to initiate fresh acquisition proceedings within the prescribed period. The Court made it clear that if the appellant did not initiate new proceedings by issuing a notification under Section 11 of the Act within the one-year period, the appellant would have to return the physical possession of the land to the original owners if they remained in possession.

The judgment reaffirms the importance of adhering to the procedures set out in the 2013 Act, particularly regarding land acquisition and compensation. It also highlights the Court’s approach to ensuring that landowners’ rights are safeguarded while balancing the need for public land acquisition.

In conclusion, the appeal was dismissed, with the Court granting the appellant a one-year period to initiate fresh proceedings if necessary. The case underscores the importance of timely and fair compensation in land acquisition and the legal obligations that must be followed to protect landowners’ rights under the 2013 Act.

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Download Judgment: Delhi Development Au vs Ajay Singh & Ors. Supreme Court of India Judgment Dated 16-12-2016.pdf